Author: Robert H. Smit* Published: December 2003 Topics: Agreement to Arbitrate Separability Description: The doctrine of separability provides that an arbitration clause is “separable” from the contract containing it and...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
Author: Robert B. Kovacs* Published: August 2012 Description: I. INTRODUCTION Efficiency in international arbitration appears to be one of most pressing issues currently facing the international arbitration community. For at...
Efficiency in International Arbitration: An Economic Approach – Vol. 23 ...
Author: Tuğrul Ansay** Published: April 2004 Jurisdiction: Turkey Description: In this short article I will briefly reflect on recent developments in Turkish international arbitration law and discuss some issues which...
International Arbitration in Turkey* – Vol. 14 No. 3
...third-party adjudication through behaviorally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the...
Behavioral Insights Into International Arbitration: An Analysis of How to ...
Author: Andrea K. Bjorklund* Published: April 2008 Description: Do mandatory rules play any role at all in investment arbitration? Pierre Mayer defines mandatory law as “an imperative provision of law...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
...the annual redetermination or fast-track arbitration of certain contractual obligations. Because these specified obligations appeared to present readily determinable issues, the contracts provided that any arbitration that might be required...
Fast-Track Arbitration: A Contractual Intermediary’s Perspective – Vol. 2 No. ...
...Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. §1782 in a private arbitration.[1] The Supreme Court’s decision will resolve the circuit split on whether §1782 can apply in...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
...the Japanese Commercial Arbitration Association; and my retention as a consultant in a current international commercial arbitration involving a large Japanese corporation. While gathering material for these tasks, I quickly...
International Commercial Arbitration in Japan: Background and Suggestions* – Vol. ...
Author: Valerio Sangiovanni** Published: December 2007 Jurisdiction: Italy Topics: Categories of Disputes Description: I. ADVANTAGES AND DISADVANTAGES OF COMPANY ARBITRATION In Italy there has recently been an important reform of...
Some Critical Observations On The Italian Regulation Of Company Arbitration* ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...
Recognition and Enforcement of Foreign Arbitral Awards: A New Chapter ...
...against a state. States consent to investor-state arbitration by signing bilateral investment treaties (BITs). For instance, Country A consents to arbitration with investors of Country B’s nationality by signing a...
The New Political Risk Insurance: An End to Corporate Nationality ...
Author: Abhinav Bhushan* Published: April 2015 Description: International commercial arbitration often involves complex fact-finding issues. These issues are based on the parties’ arguments and their respective claims (which are supported...